This is the third and final article in a three-part series discussing different aspects of compensability of COVID-19 workers’ compensation claims in North Carolina, including: Part 1: Are all communicable diseases the same? Does the designation of an epidemic or pandemic change the way statutes are interpreted?; Part 2: What are the critical factors for…
This is the second article in a three-part series discussing different aspects of compensability of COVID-19 workers’ compensation claims in North Carolina, including: Part 1: Are all communicable diseases the same? Does the designation of an epidemic or pandemic change the way statutes are interpreted?; Part 2: What are the critical factors for determining compensability…
This is the first article in a three-part series discussing different aspects of compensability of COVID-19 workers’ compensation claims in North Carolina, including: Part 1: Are all communicable diseases the same? Does the designation of an epidemic or pandemic change the way statutes are interpreted?; Part 2: What are the critical factors for determining compensability…
The NWCDN, in partnership with the WorkersCompensation.com Center for Education Excellence, has produced a webinar series addressing the most pressing COVID-19 concerns across the nation. The schedule of complimentary webinars and recorded replays can be found here. NWCDN members continue to monitor this pandemic and how it relates to employers and Workers’ Compensation laws in…
Question: Does an employer have to return an employee who took leave to the same position the employee worked prior to taking leave? Answer: In most instances, yes, an employee is entitled to be restored to the same or an equivalent position upon return from paid sick leave or expanded family and medical leave in…
Question: Does an employer have to continue health insurance for employees who take leave under EFMLEA? Answer: Yes. An employee who takes expanded family and medical leave or paid sick leave is entitled to continued coverage under the employer’s group health plan on the same terms as if the employee did not take leave. See 29…
Question: What is the process for seeking a credit for the additional sick leave wages paid to employees under FFCRA? Answer: According to the WHD Rule of April 4, 2020, under the FFCRA, covered private employers qualify for reimbursement through refundable tax credits as administered by the Department of the Treasury, for all qualifying paid…
In light of North Carolina entering “Phase 1” of lifting its COVID-19 restrictions, this article addresses issues involving employer requirements and employee use of facemasks, respirators, gloves, and other personal protective equipment (“PPE”). Current Guidance Here is what our government agencies are recommending. Equal Employment Opportunity Commission (“EEOC”) The EEOC released guidance that indicates an…
Question: When an employee returns to work after a COVID-19 diagnosis, does the ADA allow employers to require doctors’ notes certifying their fitness for duty? Answer: According to the EEOC’s March 2020 published guidance, yes. However, practically, as healthcare providers’ time and resources become limited, such requirements may pose real practical problems. For questions or…
Numerous businesses impacted by COVID-19 are searching for relief wherever they can find it. Difficult decisions are being made with respect to layoffs, lease or mortgage payments, and federal loan assistance as companies attempt to navigate the current environment. One area generating increased attention is whether a company’s contract provisions create either an obligation or…